Vivencio Legasto vs. Maria Verzosa, Et. Al. GR No. 32344; 31 March 193 !octrines" 1. The Partit Partition ion made made by a testator testator inter vivos in pursuance of a will which has been disallowed is null and void. 2. The gift of realty realty made in in a public instrument is is null and void when the deed fails to show the acceptance, or where the formal notice of the acceptance, made in a separate instrument, is either not given to the donor or else not noted in the deed of gift and in the separate acceptance. #acts" 1. Sabina Almadin executed executed a will devising certain certain parcels parcels of land to her four four nieces, aria !er"osa, #liva !er"osa, Toribia !er"osa, and $uperta Palma, designating the parcels to be given to each. 2. Almadin partitioned partitioned her property among her nieces, executi executing ng separate deeds of assignment and sworn statements as to the purchase of properties and claims for payment of land tax. %. The assignee&nieces, assignee&nieces, too' possession of their respective respective parcels parcels ceded by Almadin and have been the exclusive exclusive owners from then on. (. Almadin passed away away in 22 )ebruary 1*2+, 1*2+, and on 12 arch, arch, atalina Almadin, represented by Atty. arino, propounded her will. -. !ivencio egastio, special special administrator administrator appointed by )/, 0led the complaint claiming the delivery of parcels of land in his complaint. y virtue of )/ decision, and armed by ourt of Appeals, the will was not admitted to probate. $ss%e" 1. 345 the partiti partition on made by Almadin Almadin among among her nieces nieces was was valid and enforceable. 2. 345 the conveyances conveyances made by Almadin of the parcels parcels of land in litigation litigation in favor of nieces, can be considered valid and enforceable &el'" 1. 5o 2. 5o Ratio" 1. A testator may, may, by an act inter vivos partition partition his property, property, but he must 0rst ma'e a will with all the formalities provided for by law. 3ithout a will, there can be no testator. testator. /t is an indispensable condition precedent to a testator partitioning his estate inter vivos that he have made a valid will disposing of said estate among his heirs6 and if this will be declared null and void, the partition made by the testator in pursuance of its provisions is li'ewise null and void, for where these provisions provisions cease to exist, the partition made in conformity therewith therewith also becomes null and void, as the cessation of the cause implies the cessation of the e7ect. Almadin8s will was disallowed for the reason that it did not contain all the essential re9uisites provided by law for its validity. validity. Since Almadin8s will is null
and void for lac' of legal re9uisites, conse9uently, the partition of which she made of her estate during her lifetime is li'ewise void. 2. A person who disposes of his property gratis inter vivos is not called a testator, but a donor. /n employing the word :testator,; the law evidently desired to distinguish between one who freely donates his property in life and one who disposes of it by will to ta'e e7ect after his death. Art +%% provides that in order that a donation of real property be valid, it must be made by public instrument, in which property donated must be speci0cally described, and that acceptance may be made in the same deed of gift or in a separate instrument, but in the latter case notice thereof should be given the donor in due form, and a note to that e7ect inserted in both instruments. The documents contain all the re9uisites for public instruments, however, the do not show the acceptance of the donees. The sworn statements conducted refer to a sale and not to a gift and cannot be considered as public instruments of gifts showing the acceptance of the donees. Such sworn statements are mere ac'nowledgements made under oath of the fact of the transfer and not deeds of transferring title.